Erle Gardner - The Case of the Rolling Bones

Serle shifted his position, but his voice was calm.

“I remembered some of the conversation more clearly after I’d had a chance to think it over. But that’s what Hogarty told me all right... You know how those things are. You don’t remember everything a man says to you over the phone the first time you try to recall the conversation.”

“After you left this apartment house where Conway, or Milicant, had his apartment, you went directly to the All Night and Day Pool Room, did you not?”

“No.”

“You didn’t?”

“No.”

“How long was it after you left Conway’s apartment before you entered the pool room?”

“I don’t know. I’d say it was fifteen or twenty minutes.”

“And what were you doing in the meantime?”

“Various things.”

“Name one.”

“I was telephoning.”

“To whom?”

“A friend.”

“Who was this friend?”

Serle paused and looked expectantly at Kittering. Kittering got to his feet, and said, “Your Honor, I object. Not proper cross-examination. Counsel can be given a reasonable latitude in checking the time element. Please note that so far as this witness is concerned, there is no question whatever of his testimony being pertinent to the case except insofar as it relates to the question of time. It is the contention of the defense, naturally, that this telephone conversation occurred after Leeds had left the apartment. It is the contention of the prosecution that it did not.”

Judge Knox glanced down at Perry Mason.

“I’d prefer to have you pass this question for the moment, counselor, and lay some foundation to show that it’s pertinent to the case. The court doesn’t want to embarrass other parties by dragging in their names — unless it’s necessary.”

Mason went on with the cross-examination, calmly, casually.

“Isn’t it a fact that when you entered the pool room, you told witnesses there that you were going to call Louie Conway around ten-thirty?”

“I may have,” Serle said.

“You were lying to these men?”

“I wasn’t lying. I saw no reason for telling pool-room loafers all of my private affairs.”

“Notwithstanding the fact that you knew when you entered the pool room that you intended to call Bill Hogarty, or Louie Conway, as the case may be, at ten o’clock, you nevertheless told these men that you were going to place the call at somewhere around ten-thirty?”

“Yes.”

“Didn’t you tell the district attorney when you first repeated your story that you had called Conway at ten-thirty?”

“No.”

Kittering said, “Your Honor, I would like to have the decedent referred to as Hogarty rather than Conway. It will keep the record free from confusion, and...”

Judge Knox interrupted. “There is not sufficient proof as yet to warrant the court to require counsel to so frame his questions.”

Mason said, as though the point were of no great importance: “Oh, I guess it’s all right. I’ll stipulate his real name was Hogarty, and so refer to him if counsel wishes.”

“Very well, so stipulated,” Kittering said.

Judge Knox looked sharply at Perry Mason. “That stipulation of identity may be important on the question of motivation, counselor.”

“It’s all right,” Mason said carelessly. “I’ve known he claimed to be Hogarty for some time, and if Kittering has proof of it, I’ll save time by stipulating.”

“I do have proof,” Kittering said.

“Very well,” Judge Knox observed. “Go on with your cross-examination, Mr. Mason.”

“Did you tell the district attorney at first that the time was ten o’clock?” Mason asked.

“I didn’t mention any time.”

“I see,” Mason said. “You told the officers that you had called Hogarty. They then explained to you that it was important to fix the time of that call because if it was after ten-twenty, it would mean they couldn’t convict Alden Leeds of the murder. Isn’t that right?”

“Well, we had a talk. They told me some things and I told them some.”

“Did they explain to you the importance of the time element before you mentioned the exact time of that telephone conversation to them?”

“Well, yes.”

“And you were shrewd enough to realize that this might give you an advantage, so you made some statement to the effect that you saw no reason why you should co-operate with the officers if they were going to raid your place of business, and arrest you on a felony charge, did you not?”

“Well, naturally, I didn’t feel any too cordial.”

“And one of the officers said that that might be fixed up, didn’t he?”

“Well, he said that if the prosecuting witness didn’t show up, it was no skin off their shins.”

“All right,” Mason said, “now getting back to what you did after you left Hogarty’s apartment. You telephoned a friend of yours. Isn’t it a fact that that telephone call was to the Home Kitchen Cafe, and that you talked with Hazel Stickland?”

Serle’s face showed alarmed dismay. “Why... I...”

“Remember,” Mason said, leveling a rigid forefinger at him, “you’re under oath.”

“Well, yes. I did call her, but not at the café.”

“And what did you tell her?”

“Objected to as incompetent, irrelevant, and immaterial, and not proper cross-examination,” Kittering said.

“Sustained,” Judge Knox ruled. “You may fix the time of the conversation, counselor. The subject matter would seem beyond the scope of proper cross-examination.”

“Your Honor, I think this conversation is pertinent,” Mason said.

“I don’t, not as the question is asked at the present time. You are, of course, the cross-examiner, and, therefore, have the right to ask leading questions. If you think the conversation is pertinent, frame a question to show that fact.”

Mason, turning to Serle, inquired, “Isn’t it a fact that you told Hazel Stickland to pack her things, and leave town, that you would meet her, give her some money, and explain?”

“Same objection,” Kittering said.

Judge Knox frowned at Perry Mason. “Is it your contention, counselor, that this has anything to do with the crime?”

“Yes,” Perry Mason said. “This girl was a waitress at the Home Kitchen Cafe, and was quite friendly with this witness. On the night of the murder, Serle located Bill Hogarty, before Hogarty went to his apartment. He took Hogarty to the Home Kitchen Cafe for dinner, Hazel Stickland waited on them. The restaurant had two ‘specials’ for dinner that night. One was filet of sole and baked potatoes, the other roast lamb chops, peas, and baked potatoes. Serle and Hogarty had the meat dinner... I have here a menu from that restaurant showing the regular weekly dishes.”

“What time was this?” Judge Knox inquired, puzzled.

“Approximately six o’clock or six-fifteen,” Mason said.

“But this witness had dinner in the apartment with Hogarty the night of the murder,” Judge Knox pointed out. “There seems to be no question of that fact.”

“Look at his face if you think he did,” Mason said.

Kittering was on his feet. “I object to this colloquy between court and counsel, and I object to that statement on the part of counsel. I assign it as prejudicial misconduct.”

Judge Knox glanced swiftly at Serle’s white, drawn face, then looked back to Perry Mason. “The objection is overruled,” he said. “Answer the question.”

“Isn’t that a fact?” Mason asked. “Isn’t that what you told her?”

“No,” Serle said, in a strained, harsh voice.

“You tried to get Hogarty to come through with bail. He wouldn’t come through,” Mason said. “You knew that even if you were bailed out, you’d never be allowed to reopen your business. You were furious. You paid him money for that business. You demanded a return of the purchase price; and you also insisted that he must put up bail. He refused. You started brooding. You knew that he had the better part of twenty thousand dollars in his possession, probably on his person in a money belt. After you separated, you began to wonder whether it would be possible for you to murder him and get that money, but do it in such a way that you would have a perfect alibi. You knew something about how autopsy surgeons fix the time of death from the extent to which digestion has progressed. You knew that at six-fifteen, Hogarty had eaten, and exactly what he had eaten.